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Environmental Deregulation and the Crown’s Constitutional Responsibility to First Nations

Forests; forestry; forest practices; Aboriginal; title and rights; Section 35(1); constitutional law; deregulation
Clogg, Jessica

Since 2001, virtually every environmental and natural resource law in British Columbia has been amended or repealed.  In particular, shifts in the scope and nature of statutory decision-making under new “results-based” regulation have had profound implications for First Nations. Constitutional law principles suggest that trends such as reduced upfront assessment and planning before resource approvals are granted, and delegation of environmental decisions from the Crown to resource companies, may be inconsistent with the Crown’s duty to consult and accommodate First Nations. This article focuses on British Columbia forest practices legislation to exemplify and discuss these trends. Events in 2007 in this area have brought to a head the contradiction between environmental deregulation and the Crown’s constitutional obligations to First Nations. 

Citation: Jessica Clogg, "Environmental Deregulation and the Crown's Constitutional Duties to First Nations" in Environmental Law: The Year in Review 2007 (Toronto: Canada Law. Book, 2007): 37-51.

Publication Date: 
July 1, 2007
Publication Pages: 
West Coast Environmental Law
Publication City: 
Vancouver, BC
Publication Format: